For Your Data Staples V. U.S. Representative Brief Summary
February 22, 2019
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Staples v. United States illustration brief summary
ANALYSIS
FACTS
The National Firearms Act makes it unlawful for whatever individual to posses an automatic weapon without origin registering it. The statute is still on mens rea requirement. The accused testified that he was ignorant of its firing capabilities.
HOLDING
1. To obtain a conviction the authorities should bring been required to show that petitioner knew of the features of his altered weapon making it motorcar that brought it w/in the range of the stat. Influenza A virus subtype H5N1 gun is non the type of unsafe device that would alarm 1 to the possibility of regulation.
2. The courtroom noted that the quiet equally to the mens rea requirement did non advise a congressional intent that such requirement last eliminated. The courtroom noted that the potentially harsh penalisation attached provided farther back upward for the suggestion that a mens rea requirement existed.
RULES
HOLDING
1. To obtain a conviction the authorities should bring been required to show that petitioner knew of the features of his altered weapon making it motorcar that brought it w/in the range of the stat. Influenza A virus subtype H5N1 gun is non the type of unsafe device that would alarm 1 to the possibility of regulation.
2. The courtroom noted that the quiet equally to the mens rea requirement did non advise a congressional intent that such requirement last eliminated. The courtroom noted that the potentially harsh penalisation attached provided farther back upward for the suggestion that a mens rea requirement existed.
RULES
Absent an explicit contestation past times Congress, quiet does non advise that Congress dispensed amongst mens rea.
ANALYSIS
One agency to distinguish this from international is that the toxic chemicals are inherently unsafe whereas amongst the gun on its ain is not. You bring to charge bullets, plough off safety, etc.
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